26
51.27 On January 28, 2000, PROVEA, the Red de Apoyo por la Justicia y la Paz
(Justice and Peace Support Network), the COFAVIC and the Vicaría Episcopal
(Episcopal Vicarship) filed a petition for a writ of habeas corpus with the Tribunal
Sexto de Control del Circuito Judicial Penal del Estado Vargas (Sixth Control Court of
the Criminal Judicial Circuit for Vargas State).
51.28 On February 11, 2000, the Tribunal Sexto de Control (Sixth Control Court)
ruled that there was no subject-matter for the Court to determine regarding the
habeas corpus petition, for the Minister of Defense and the General Director of the
DISIP had informed that the officers of the Infantry Battalion “Colonel Antonio
Nicolás Briceño” and of the DISIP did not arrest Mr. José Francisco Rivas-Fernández.
The habeas corpus petitioners lodged an appeal against such decision; however, the
aforementioned decision was affirmed by the Corte de Apelaciones del Circuito
Judicial Penal de la Circunscripción Judicial del Estado Vargas (Court of Appeals of
the Criminal Judicial Circuit of the Judicial District for Vargas State) on February 17,
2000.
51.29 On May 14, 2004, the Seventy-fourth Prosecutor for the Attorney General’s
Office of the Metropolitan Area of Caracas “ordered to close” the inquiry into the
disappearance of Mr. José Francisco Rivas-Fernández on the grounds that “the
elements on the records […] only provide[d] information regarding the participation
of DISIP officers,” but the investigation “did not reveal any information that may
contribute [to] the identification of the perpetrator(s)[;] in that regard[,] additional
facts or elements are required to be able to identify them[,] as well as to prove their
participation in the [...] forced disappearance.” That same day, the aforesaid
prosecutor notified such decision to Nélida Josefina Fernández-Pelicie.
e)
Consequences of the forced disappearance of Messrs. Oscar José BlancoRomero, Roberto Javier Hernández-Paz and José Francisco Rivas-Fernández
51.30 The next of kin of Mr. Oscar José Blanco-Romero mentioned in the different
briefs filed with the Court by the Commission and the representatives are as follows:
Alejandra Josefina Iriarte de Blanco,10 wife; Gisela Romero,11 mother; Aleoscar
Russeth Blanco-Iriarte12 and Oscar Alejandro José Blanco-Iriarte,13 children of Mr.
Oscar José Blanco-Romero and of Alejandra Josefina Iriarte de Blanco, and Orailis del
Valle Blanco14 and Edwar José Blanco,15 niece and nephew of the victim, who lived in
his home and were his dependants.16
10
Cf. marriage certificate of Alejandra Josefina Iriarte and Oscar José Blanco-Romero (file of
appendixes to the application 1 to 35, appendix 35, volume II, page 630e).
11
Cf. birth certificate of Oscar José Blanco-Romero (file of appendixes to the application 1 to 35,
appendix 35, volume II, page 630).
12
Cf. birth certificate of Aleoscar Russeth Blanco-Iriarte (file of appendixes to the application 1 to
35, appendix 35, volume II, page 630c).
13
Cf. birth certificate of Oscar Alejandro José Blanco-Iriarte (file of appendixes to the application 1
to 35, appendix 35, volume II, page 630d).
14
Cf. birth certificate of Orailis del Valle Blanco (file of evidence to facilitate adjudication of the case
submitted by the representatives on October 18, 2005, page 4026).
15
Cf. birth certificate of Edwar José Blanco (file on the merits of the case and reparations, volume
III, page 555).